Davis v. Curry
Supreme Court of Alabama
Appeal from the Circuit Court of Chilton. Tried before the Hon. James W. Lapsley. This action was brought by Charles L. Davis, against Samuel Curry and W. C. Hester, to recover the possession of a tract of land particularly described in the complaint, and was commenced on the 24th February, 1887. The land had belonged to Edward Davis, deceased, who was the father of the plaintiff; and each party asserted title under him.
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Appeal from the Circuit Court of Chilton. Tried before the Hon. James W. Lapsley. This action was brought by Charles L. Davis, against Samuel Curry and W. C. Hester, to recover the possession of a tract of land particularly described in the complaint, and was commenced on the 24th February, 1887. The land had belonged to Edward Davis, deceased, who was the father of the plaintiff; and each party asserted title under him. The defendants interposed a special plea, since the last continuance, alleging that the plaintiff had sold and conveyed his interest in the land to one H. C. Reynolds. The…
1Opinion of the CourtStone, C. J.
This case went off in the court below on the defense, that after the suit was brought, Davis, the plaintiff, sold and conveyed all his interest in the land to one Reynolds. This was interposed as a full defense, by plea since the last continuance. To this it was replied, that at the time of the sale and conveyance the defendants were in the adverse possession under claim of right. Their plea of not guilty was an admission that they were in possession, and a denial of plaintiff’s right to recover. — McQueen v. Lampley, 74 Ala. 408.
There can be no question, that when lands are in the adverse…
2Cases cited9 opinions
- Steeple v. DowningIndiana Supreme Court · 1878
- Jackson v. Van DusenNew York Supreme Court · 1809
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
- McQueen v. LampleySupreme Court of Alabama · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Holder v. TaylorSupreme Court of Alabama · 1937
- City Loan & Banking Co. v. PooleSupreme Court of Alabama · 1907
- Gerald v. HayesSupreme Court of Alabama · 1920
- Horticultural Development Co. v. LarkSupreme Court of Alabama · 1932
- Pearson v. KingSupreme Court of Alabama · 1891
9 more not listed; retrieve them via the Exa API.